# Mont. Code Ann. § 50-31-108: 50-31-108 Regulations concerning additives > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-108 ## Section - **Citation:** Mont. Code Ann. § 50-31-108 - **Heading:** 50-31-108 Regulations concerning additives - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 50 / Chapter 31 / Part 1 / Section 50-31-108 ## Text 50-31-108 . Regulations concerning additives. (1) The department, upon its own motion or upon the petition of any interested party requesting that a rule be established, whenever public health or other considerations in the state require, is authorized to adopt, amend, or repeal rules, whether or not in accordance with regulations promulgated under the federal act, prescribing tolerances for any added poisonous or deleterious substances for food additives, for pesticide chemicals in or on raw agricultural commodities, or for color additives, including but not limited to zero tolerances and exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities, and prescribing the conditions under which a food additive or a color additive may be safely used and exemptions when the food additive or color additive is to be used solely for investigational or experimental purposes. (2) A petitioner shall establish by data submitted to the department that a necessity exists for the rule and that its effect will not be detrimental to the public health. If the data furnished by the petitioner is not sufficient to allow the department to determine whether the regulation should be promulgated, the department may require additional data to be submitted and failure to comply with the request is sufficient grounds to deny the request. (3) In adopting, amending, or repealing rules relating to the substances, the department shall consider among other relevant factors the following, which the petitioner, if any, shall furnish: (a) the name and all pertinent information concerning the substance, including, when available: (i) its chemical identity and composition; (ii) a statement of the conditions of the proposed use, including directions, recommendations, and suggestions and including specimens of proposed labeling; and (iii) all relevant data bearing on the physical or other technical effect and the quantity required to produce the effect; (b) the probable composition of or other relevant exposure from the article and of any substance formed in or on a food, drug, or cosmetic resulting from the use of the substance; (c) the probable consumption of the substance in the diet of humans and animals taking into account any chemically or pharmacologically related substance in the diet; (d) safety factors that, in the opinion of experts qualified by scientific training and experience to evaluate the safety of the substances for the use or uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data; (e) the availability of any needed practicable methods of analysis for determining the identity and quantity of: (i) the substance in or on an article; (ii) any substance formed in or on the article because of the use of the substance; and (iii) the pure substance and all intermediates and impurities; and (f) facts supporting a contention that the proposed use of the substance will serve a useful purpose. (4) The department may not establish rules related to food additives under this section for homemade food or a homemade food product sold pursuant to Title 50, chapter 49, part 2. ## Nearby sections - [Mont. Code Ann. § 50-31-101 50-31-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-101.md) - [Mont. Code Ann. § 50-31-102 50-31-102 Applicability of chapter](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-102.md) - [Mont. Code Ann. § 50-31-103 50-31-103 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-103.md) - [Mont. Code Ann. § 50-31-104 50-31-104 Department authorized to adopt rules](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-104.md) - [Mont. Code Ann. § 50-31-105 50-31-105 Publication of information by department](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-105.md) - [Mont. Code Ann. § 50-31-106 50-31-106 Inspections and taking of samples authorized](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-106.md) - [Mont. Code Ann. § 50-31-107 50-31-107 False or misleading representations](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-107.md) - [Mont. Code Ann. § 50-31-108 50-31-108 Regulations concerning additives](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-108.md) - [Mont. Code Ann. § 50-31-109 50-31-109 Use of additives](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-109.md) - [Mont. Code Ann. § 50-31-110 50-31-110 Certain agricultural chemicals not color additives](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-110.md) - [Mont. Code Ann. § 50-31-111 50-31-111 When labeling requirement complied with](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-111.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C31_P1_S50-31-108. Check the current official text before relying on it. Not legal advice.